Miramar, FL Property Insurance: Bad Faith Attorney Guide

Introduction: Why Property Insurance Matters to Miramar Homeowners

The City of Miramar sits in southwest Broward County, roughly fifteen miles north of Miami and only a short drive from the Atlantic coastline. While the city is known for its master-planned communities and family-friendly parks, Miramar homeowners also live in the crosshairs of Florida’s most common natural hazards: hurricanes, tropical storms, and heavy summer rains that can trigger roof leaks and interior water damage. According to the Florida Office of Insurance Regulation, property carriers have paid billions of dollars in storm-related losses across the state over the last decade, yet thousands of valid homeowner claims are still underpaid or wrongfully denied each year. If you have experienced a property insurance claim denial in Miramar, Florida, understanding your rights under state law is critical. This comprehensive guide—written with a pro-policyholder perspective—explains how Florida insurance statutes protect you, why insurers often deny claims, and when engaging a bad faith insurance attorney may be necessary.

We focus on Florida-specific deadlines, Department of Financial Services (DFS) complaint procedures, and local resources available to Miramar residents. Whether you own a single-family home in Silver Lakes, a townhouse near Miramar Parkway, or a condo off Red Road, the principles below apply equally. Use this guide as a roadmap, but remember every claim is fact-specific. If you suspect your carrier is acting unfairly, do not hesitate to consult a licensed Florida attorney experienced in property insurance litigation.

Understanding Your Property Insurance Rights in Florida

Key Policyholder Protections

Florida law places several affirmative duties on property insurers while granting important rights to policyholders:

• Prompt Claim Handling: Under Fla. Stat. § 627.70131(7)(a), insurers must pay or deny a claim—or a portion of the claim—within 90 days after receiving notice of loss, unless factors beyond the insurer’s control reasonably prevent it.

• Good-Faith Investigation: Section 624.155 creates a private right of action for civil remedies when an insurer fails to settle claims in good faith. A carrier that ignores clear evidence of coverage or drags out the process may be liable for extra-contractual damages.

• Right to Mediation: The DFS administers a free, non-binding mediation program for disputed residential property claims under Fla. Stat. § 627.7015. Either party may request mediation after a denial or disagreement over payment.

• Neutral Evaluation of Sinkhole Claims: If your Miramar property suffers sinkhole activity—even though it is less common in Broward County—you may request neutral evaluation under § 627.7074.

• Mandatory Policy Language Transparency: Fla. Stat. § 627.410 requires most residential forms to be filed with the Office of Insurance Regulation (OIR) and made available for public inspection.

Statute of Limitations for Lawsuits

Florida shortened the window for filing property insurance lawsuits in 2021. Under Fla. Stat. § 95.11(14):

• Primary claim: You have 2 years from the date of loss to file suit against your insurer.

• Supplemental (or reopened) claim: You have 3 years from the date of loss to pursue additional benefits.

If you miss these deadlines, your right to recover may be barred. Calendar these dates the moment a loss occurs.

The Homeowner Bill of Rights

Florida’s Homeowner Claims Bill of Rights, required by § 627.417, must be provided to you within 14 days after you report a residential property claim. It outlines:

• Your right to receive an acknowledgement letter within 14 days.

• Your right to receive confirmation that the claim is covered, partially covered, or denied within 30 days after proof-of-loss statements are completed.

• The 90-day deadline for full payment or denial.

• The right to free mediation or appraisal if offered in your policy.

If your carrier fails to provide this notice, that omission can signal broader compliance issues.

Common Reasons Property Insurance Companies Deny Claims in Florida

Insurers owe shareholders a duty to minimize payouts, so denials can be strategic. Below are the most frequently cited reasons for property insurance claim denial miramar florida homeowners encounter:

1. Late Reporting

Policies often contain a requirement to give “prompt” notice. Carriers interpret anything beyond a few days—sometimes even 24 hours—as late, especially after hurricanes. While late notice can prejudice a claim, Florida courts (e.g., Kroener v. FIGA, 63 So. 3d 914 (Fla. 4th DCA 2011)) place the burden on insurers to prove they were actually prejudiced. Do not accept a late-report denial at face value.

2. Wear and Tear vs. Sudden Loss

Policies exclude losses caused by long-term deterioration. Adjusters sometimes mislabel sudden wind damage as “age-related wear.” Independent engineering or roofer reports can rebut this tactic.

3. Alleged Misrepresentation or Fraud

Fla. Stat. § 627.409(a) allows rescission if the insured makes a material misrepresentation. Some carriers overuse this defense to void entire policies. A seasoned bad faith insurance attorney can scrutinize whether the alleged misstatement was truly material or intentional.

4. Water Damage Cap Limitations

Post-2018 policies often include $10,000 caps on water damage repairs if you do not use a preferred contractor. Many homeowners are unaware. A denial may be improper if the endorsement was not properly disclosed or mailed to you at least 90 days before renewal, per § 627.43141.

5. Failure to Mitigate

You must take reasonable steps—like tarping a roof—to protect the property from further damage. Carriers sometimes exaggerate minor delays to avoid payment.

6. Concurrent Causation

When covered and excluded events combine (e.g., wind + flood), insurers may try to deny the whole claim. Florida follows the efficient proximate cause doctrine unless the policy has an enforceable anti-concurrent causation clause. Courts scrutinize these clauses carefully.

Florida Legal Protections & Insurance Regulations

Bad Faith Standards Under § 624.155

To establish first-party bad faith, a policyholder must show the insurer failed to settle a claim when, had it acted fairly and honestly toward its insured and with due regard for her interests, it could and should have done so. A statutory Civil Remedy Notice (CRN) must be filed with DFS at least 60 days before litigation. During the cure period, the insurer can avoid extra-contractual liability by paying the claim plus any damages.

Florida Department of Financial Services (DFS) Oversight

The DFS Division of Consumer Services offers free assistance:

• File a complaint online to prompt regulator review.

• Request mediation for residential disputes up to $500,000.

• Access public adjuster licensing information.

Visit the DFS Consumer Portal at Florida Department of Financial Services.

Office of Insurance Regulation (OIR)

OIR approves policy forms and monitors insurer solvency. If your carrier enters receivership, the Florida Insurance Guaranty Association (FIGA) may step in to pay covered claims, subject to statutory limits.

Attorney Licensing in Florida

All attorneys who appear in state or federal courts located in Florida must be licensed members in good standing of The Florida Bar. Out-of-state lawyers can only participate pro hac vice with local counsel and court approval under Fla. R. Jud. Admin. 2.510. When selecting counsel for a denied claim, confirm active licensure and disciplinary history through The Florida Bar’s online directory.

Steps to Take After a Property Insurance Claim Denial in Florida

1. Review the Denial Letter Thoroughly

Florida insurers must cite specific policy language that supports their decision. Compare the cited exclusions or conditions to the policy jacket you received at inception and any endorsements added at renewal.

2. Request the Full Claim File

Under Fla. Admin. Code R. 69B-220.201(3)(b), you are entitled to inspection of documents used to adjust the claim, including adjuster notes and engineering reports. A written demand often compels disclosure.

3. Gather Independent Evidence

• Obtain a licensed general contractor or roofer’s estimate.

• Secure photographs or drone footage showing damage immediately after the event (date-stamped if possible).

• Save receipts for temporary repairs to prove mitigation efforts.

4. Pursue DFS Mediation

Submit Form DFS-I-CMN-001 to enter the free mediation program. Sessions are scheduled within 21 days in Broward County, often at neutral venues in Fort Lauderdale. While non-binding, many claims settle during mediation.

5. Consider an Appraisal Demand

If your policy contains an appraisal clause, either party can invoke it. An appraisal panel determines the amount of loss, not coverage. Note that SB 2-D (2022) now allows insurers to offer mandatory binding arbitration in lieu of appraisal, but you must receive a premium discount and clear disclosure to make it enforceable.

6. File a Civil Remedy Notice (CRN)

If bad faith is suspected, file a CRN through the DFS portal. Detail the insurer’s violations and relief sought. The 60-day cure window pressures carriers to resolve the dispute.

7. Litigation Deadlines

Track the 2-year statute carefully. Serving a CRN or entering mediation does not toll the statute. File suit in Broward County Circuit Court before time expires. If the amount in controversy is under $50,000, Florida’s Complex Civil Pilot for streamlined property claims may apply.

When to Seek Legal Help in Florida

Indicators You Need a Bad Faith Insurance Attorney

• The denial cites broad exclusions without tying facts to policy language.

• Adjusters stop returning calls or emails.

• You receive multiple ‘re-inspections’ with shifting explanations.

• The carrier makes a lowball offer that won’t cover basic repairs.

• Your CRN cure period passes with no payment.

A qualified Florida attorney can:

• Issue subpoenas for internal insurer communications.

• Depose desk adjusters and field inspectors.

• Pursue attorney’s fees under Fla. Stat. § 627.428 (for policies issued before Dec. 16, 2022) or § 57.105 if the insurer’s position is unsupported by facts or law.

• Negotiate global settlements covering dwelling, other structures, personal property, ALE, and attorney’s fees.

Florida courts traditionally award prevailing policyholders their reasonable fees and costs, leveling the playing field against large insurance companies.

Local Resources & Next Steps for Miramar Homeowners

Government & Non-Profit Assistance

Broward County Clerk of Courts – File small claims, retrieve court records, or confirm lawsuit docket entries. Broward County Housing Finance & Community Redevelopment – Post-disaster grants for eligible homeowners.

• Miramar Community Emergency Response Team (CERT) – Local volunteers assisting with post-storm assessments.

Choosing Local Experts

Because building codes in Miramar follow the Florida Building Code (7th Edition), select contractors familiar with High Velocity Hurricane Zone (HVHZ) requirements. Using local experts strengthens your proof of damages and cost estimates.

Action Checklist

• Mark the two-year lawsuit deadline on your calendar.

• Organize every letter, email, and estimate in a single digital folder.

• Schedule a free DFS mediation if your dispute is under $500,000.

• If unresolved within 60–90 days, interview at least two licensed bad faith insurance attorneys serving Miramar.

Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Consult a licensed Florida attorney regarding your specific circumstances.

If your property insurance claim was denied, call Louis Law Group at 833-657-4812 for a free case evaluation and policy review.